ACLU forces government to reveal skyrocketing surveillance stats

Feds got more peoples' phone call records in last 2 years than previous 10.

Statistics obtained by the American Civil Liberties Union provides additional evidence that government surveillance of Americans has skyrocketed in recent years. The government is legally obligated to release reports about its surveillance activities, but it refused to do so until the ACLU sued to compel the production of the documents.

The reports concern what lawyers call "pen register" and "trap and trace" records. These terms originally referred to hardware devices law enforcement could attach to the phone network to capture information about (but not the contents of) phone calls. Pen registers recorded outgoing phone numbers. Trap and trace devices recorded incoming phone numbers.

Today's telephone networks have the ability to capture this information without any special equipment. And the government has expanded the concept to include other forms of communication such as email.

The legal standard for conducting this kind of non-content surveillance is less stringent than the rules for conducting a wiretap. To get a wiretap order, the government must convince a judge that it is essential to an investigation, but pen registers must merely be "relevant" to an investigation to obtain the approval of a judge.

The statistics uncovered by the ACLU show a striking increase in the frequency of government surveillance. Here is the number of orders issued by the government over the last 12 years:

While the growth rate for Internet surveillance is high, such surveillance still accounts for a tiny fraction of pen register and trap-and-trace orders overall. In 2011, only about 800 of each type of order was issued for Internet traffic, compared to almost 20,000 of each type of order for telephones.

While it's useful for the public to have these statistics, they give just one small piece of the overall surveillance puzzle. For example, these statistics likely don't include cell phone location tracking by law enforcement. They also omit government access to emails stored by third party providers. And they entirely exclude the National Security Agency's warrantless wiretapping program under the FISA Amendment Act. While hard numbers are hard to obtain, what little evidence we do have suggests that all of these forms of surveillance have been increasing.

Why is the government spying on us so much more than it did just a decade ago? The terrorist attacks on September 11, 2001 were surely one motivating factor. But it can hardly explain the sharp increase in the last two years. Another important factor is likely just supply and demand. As information technology in general has gotten cheaper and more powerful, the technology to capture and store large amounts of intercepted data has also gotten cheaper. So economic constraints that limited the amount of data the government could collect in the past has become less and less of a constraint.

Comparison of the first two graphs (original orders, people affected) also shows something else interesting. Up through 2010 the graphs have basically the same shape. In 2011, the people affected graph jumps much more dramatically than the number of orders.

I read that as indicating that, not only were there more orders, each order covered significantly more people, either because it covered more numbers or alternatively because it covered a longer span of time. Either way, it implies the orders are being used in a less precise manner -- they are becoming more sweeping and less careful about whose privacy is affected.

So then Alex Jones is not totally full of it and some of my fears of our own government are true. Sucks to be us then I guess. The Feds are never going to stop even if the ACLU sues and wins all kinds of epic flawless victory.

What a messy joke. McCarthy much? Maybe just a little? An inspiration then? What can we possibly say to other countries about spying on citizens when our leaders do it to us?

Yeeaaah. This is the thing that I truly despise the Obama administration for, because not only did they not stop the Bush administration's civil rights abuses, they continued and even increased them in some cases.

Unfortunately the only viable choice is going to be worse, and the people seen by some as the standard-bearers of liberties have batshit crazy economic ideas.

And this does not include the explosive growth of surveillance cameras that have popped up, practically within this last year, at crossings and lamp posts in literally every single town and city across the entire USA. Given the speed and efficiency with which these have been and are being installed, and their very real role in cutting at the very base of foundations of freedoms and liberty of a free and oppression-free society, it is surprising how little to none has happened in the way of public discourse and discussions. When it comes to issues that really should matter, congress and executive are looking out for each other. The only thing more worrisome is that majority does not realize the far reaching negative consequences of these intrusions into private lives of citizens that it will eventually undermine the very foundation of the fundamental principles upon which this society and nation has been built and because of which it has prospered thus far while others didn't.

Remember, we're living in a dangerous world. There are people out there who want to kill us. To skin us and eat us alive. Now, more than ever, in a post 9/11 world, we must be ever vigilant. Trust the government, for it is here to save you.

Remember, we're living in a dangerous world. There are people out there who want to kill us. To skin us and eat us alive. Now, more than ever, in a post 9/11 world, we must be ever vigilant. Trust the government, for it is here to save you.

You left out:1) Think of the children.2) If you have nothing to hide....

In late June 2008, Senator Obama promised not only to vote against granting immunity to telecom companies for participating in Bush's warrantless wiretapping program, but also filibuster if necessary to prevent the bill from passing.

Two weeks later, he spun around by at least 540° and voted in favor of telecom immunity.

The notion of Obama as a wild-eyed über-liberal softie is utterly laughable. He believes in trampling on electronic privacy just as much as any corporate cyborg. (followed by Nobel Peace Prize-winning drone strikes)

Whoever wins (probably Obama, but Romney would be the same on this issue), December 2012 will be a good time to donate to EFF.org

Remember, we're living in a dangerous world. There are people out there who want to kill us. To skin us and eat us alive. Now, more than ever, in a post 9/11 world, we must be ever vigilant. Trust the government, for it is here to save you.

You left out:1) Think of the children.2) If you have nothing to hide....

Only one thing need be said: They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety. —Ben Franklin

Oh yeah that solves everything. Quoting Ben Franklin just solved all the problems of illegal and unconstitutional surveillance. Thanks for the cliche, there's nothing more to do or see people, move along, we got the Ben Franklin quote. Every citizen, government worker and politician are now totally informed and up to speed with us on what the problem is and how to fix it. Nothing else to do, you can go back to doing nothing to help make the world a better place. High fives all around.

You can only push people so far before they revolt, but I wonder how much it'll take for Americans, in our sedentary lifestyles and our apathetic attitudes, before we finally get to the last straw? Unfortunately, I think it'll take bigger and more publicized transgressions before we're ever moved to action. The corruption and/or abuses of power, I fear, are already too ingrained and widespread in almost every part of the government. The Fed is probably beyond repair through any attempts at fixing things through legislation.

Maybe someone needs to get on kickstarter to raise some funds for an awareness campaign? I'd do it myself, but I'm too lazy. LOL

I would have figured more wire taps/pen registers at the height of fear right after 9/11/2001 then what was reported. I don't buy that it is cheaper for them to capture data now. If they want something I don't think an overage on their budget report is going to be a deterrent. Is this just a big data grab and maybe something will be useful in the future?

The picture doesn't look like he is eavesdropping it looks like Mr. Magoo needs a pair of glasses.

I'm sort of surprised that the commentary on this article doesn't include the observation that this evolution in security penetration is a natural outcome of our benign neglect.Did it not occur to any of you that intrusive technology would be completely co-opted by the government? That surveillance technology would penetrate, permeate and invade because that's what the enforcement branch wants to do?Now you snivel.Morons.You did it to yourselves.

There are two significant events that have occurred in the past couple years that could have impacted the sharp rise in those numbers.

One is the rise of Wikileaks in publishing information damaging to the USG. The other was the rise of Occupy, although that's only been in the past year or so.

The definition of "terrorist" has been broadened with PATRIOT as well and now can include protesters. So the rise in this surveillance action could skew to antiwar groups, environmental groups, peace activists and others that threaten the ruling elite and the corporate state.

Remember, we're living in a dangerous world. There are people out there who want to kill us. To skin us and eat us alive. Now, more than ever, in a post 9/11 world, we must be ever vigilant. Trust the government, for it is here to save you.

Right on. It would make us all a lot safer if we had identifying QR codes on our foreheads, and tapes of all citizen to citizen conversations were automatically recorded and archived. And what kind of commie plot is it that we don't also record everyone's browsing history too? If you've got nothing to hide, no problemo!

I hate to be a party pooper, but is there some slight chance the number of "on the record" traces went up because the "off the record" traces went down?

Just sayin'. Not everything has to be a shit sandwich.

Possible, but considering the recent jump that would imply that the on-the-record traces were less than half the actual number of traces. It's nice to imagine the government suddenly and for no reason started doing everything legally in 2011, but it would imply years of grossly illegal activity up through 2010. I would find limited comfort in that, even if there was some reason to think that is what happened (and I don't see any hints to imply it).

The reason why so many more people are being tracked is because the US is being overrun with terrorists. They are everywhere, doing things like protesting corporations, writing in other names instead of selecting either the Democrat or Republican candidate, and not using a oil-powered vehicle for daily transportation.

Lists MUST be made. And then we must have hearings, to decide which, if any, of the individuals on these lists can be permitted to have a job in America, if they can't be deported to another country.

I for one cannot wait for the Civil War. People will consider that pretty tinfoil hat like. But the slide we are on is right into a bed of nails.

It is tinfoil hat. Name one revolution or war that ever happened when the people involved weren't facing actual existential threat through violence or economic starvation.

Civil War? People's fortunes, and livelihoods, were based on the slave trade. French revolution? Starvation through taxation. American revolution? Government-led massacres. Pettier wars are always led by some idiot or set of idiots who can order executions, and larger wars are started by governments who already have trained armies at their disposal.

At the heart of it, no one cares they're being spied on. There'll never be a war over it. Most people don't even care about freedom, when you get right down to it. As long as there's food and free TV, the American people will continue lazily along, just like every other country in history. The only conceivable war that could happen in the US is getting drawn into a middle east or asian conflict - at least there, people still have to face threats to their own life.

Let's read it again, U.S. citizens, "We The People". Here is the Fourth Amendment of the U.S. Constitution:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

If our government is breaking the U.S. Constitution, it is an act of lawlessness and treason.

It's that simple.

There is no such thing as a 'warrantless' anything when it comes to citizen privacy. That makes the fraudulently named 'Patriot Act' ILLEGAL as well as a great deal of the surveillance being fought by the ACLU, bless them for their vigilance.

And let's also review a couple famous quotes from our U.S. forefathers:

Thomas Jefferson:

"The price of freedom is eternal vigilance."

Benjamin Franklin:

"Freedom is not a gift bestowed upon us by other men, but a right that belongs to us by the laws of God and nature."

"Only a virtuous people are capable of freedom. As nations become more corrupt and vicious, they have more need of masters."

Sadly, NEITHER the Republican or Democrat parties of today pay heed to ANY of the above thanks to the rule of our Corporate Oligarchy. It's time for the arrival of actual American patriotic political parties. It is time to kick the Corporate Oligarchy RATS back into the sewers they came from.

And look, the PoliTards didn't need surveillance to notice me kicking facts in their corrupt faces.

I'm not a US citizen but your laws affect (effect?) me too. Your laws allow the US govt to pretty much access my entire data, because I rely on US corporations. Gmail, Hotmail, Windows.. All programs I use daily. The problem is that the US is pretty much a monopoly, and your govt doesn't seem to give a rats ass about any other countries citizens. Please, US citizens, realize that citizens of other countries are people too, and most of them are peaceful. Please think about us too when you vote. Please get rid of your representive elections (or whatever the thing with the state/president votes is called). It's harming nearly everybody on the world.

Thank you for reading this, and feel free to correct or extend on my comment.

Let's read it again, U.S. citizens, "We The People". Here is the Fourth Amendment of the U.S. Constitution:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

If our government is breaking the U.S. Constitution, it is an act of lawlessness and treason.

It's that simple.

There is no such thing as a 'warrantless' anything when it comes to citizen privacy. That makes the fraudulently named 'Patriot Act' ILLEGAL as well as a great deal of the surveillance being fought by the ACLU, bless them for their vigilance.

And let's also review a couple famous quotes from our U.S. forefathers:

Thomas Jefferson:

"The price of freedom is eternal vigilance."

Benjamin Franklin:

"Freedom is not a gift bestowed upon us by other men, but a right that belongs to us by the laws of God and nature."

"Only a virtuous people are capable of freedom. As nations become more corrupt and vicious, they have more need of masters."

Sadly, NEITHER the Republican or Democrat parties of today pay heed to ANY of the above thanks to the rule of our Corporate Oligarchy. It's time for the arrival of actual American patriotic political parties. It is time to kick the Corporate Oligarchy RATS back into the sewers they came from.

And look, the PoliTards didn't need surveillance to notice me kicking facts in their corrupt faces.

Remember, we're living in a dangerous world. There are people out there who want to kill us. To skin us and eat us alive. Now, more than ever, in a post 9/11 world, we must be ever vigilant. Trust the government, for it is here to save you.

Timothy B. Lee / Timothy covers tech policy for Ars, with a particular focus on patent and copyright law, privacy, free speech, and open government. His writing has appeared in Slate, Reason, Wired, and the New York Times.